IN THE CASE OF:	

		BOARD DATE:	 
		DOCKET NUMBER:  AR20080005999 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction to the WD AGO Form 53-98 (Military Record and Report of Separation - Certificate of Service), of his late father, a former service member (FSM), by showing award of the Combat Infantryman Badge, the Bronze Star, the Purple Heart, and the American Campaign Medal.  He also requests correction to the FSM’s officer service number.  He further requests he receive the FSM’s award of the CIB, Bronze Star Medal, Purple Heart, and the American Campaign Medal, as he has received the FSM’s other medals and awards.

2.  The applicant states, in effect, that all the FSM’s medals are not listed properly.  He has two different reports from the National Personnel Records Center (NPRC), St. Louis, Missouri, of the medals awarded to his late father.  According to NPRC request #1-720612301, the FSM was awarded the Presidential Unit Citation; the Meritorious Unit Commendation; the European-African-Middle Eastern Campaign Medal; the World War II Victory Medal; the Army of Occupation Medal, with Germany Clasp; and the Honorable Service Lapel Button World War II.  He also states that the FSM’s officer service number is listed with the eighth digit as a “2” and it should be a “3.”  According to the FSM’s military orders and Presidential Commission his service number ends with a “3” and not a “2.”  

3.  In support of his application, the applicant provides copies of the FSM’s Combat Infantryman Badge General Orders; the FSM’s Certification of Military Service; an NA Form 13164 (Information Releasable Under the Freedom of 
Information Act); his 20 October and 10 November 2005 letters from the NPRC; and his 9 May 2008 letter to the Army Review Boards Agency, Support Division, St. Louis, Missouri. 

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The FSM's military records show he enlisted in the Army of the United States (AUS), in pay grade E-1, on 4 March 1943.  At the time of the applicant's entry on active duty, he was assigned and identified throughout his military service with an enlisted Army Serial Number, ending with a “6.”  

3.  The applicant provided copies of General Orders Number 11 and 12, dated 11 November and 1 December 1944, respectively, announcing award of the Combat Infantryman Badge for action in France to the FSM, who at the time was serving in an enlisted status (private first class).

4.  The FMS was honorably separated on 13 May 1945 and was commissioned in the AUS, as a second lieutenant, on 14 May 1945.  At this time, he was assigned and identified throughout his military service with a second Army serial Number, ending with a “2.”  

5.  The FSM completed training and was awarded military occupational specialty 1542, Infantry Unit Commander.  He served overseas in the European Theater of Operations from 14 May 1945 to 7 September 1945.  He was honorably released from active duty on 3 May 1946.

6.  Entries on the FSM’s WD AGO Form 53-98, Item 2 (Army Serial Number) shows the FSM’s serial number ending with a “2.”  Item 25 (Battles and Campaigns) shows he was given credit for participating in the Rhineland and Ardennes campaigns of World War II.  Item 29 (Decorations and Citations) lists the following awards:  the Purple Heart, the Distinguished Unit Badge [now known as the Presidential Unit Citation], the American Theater Service Medal, the European-African-Middle Eastern Service Medal, and the World War II Victory Medal.  Item 43 (Remarks) contains the entry “Commissioned Overseas from EM (enlisted member) Status” and lists the Honorable Service Lapel Button World War II.

7.  It is noted that the FSM’s WD AGO Form 53-98 already lists the following awards:  the Purple Heart and the American Theater Service Medal and, as a result, they will not be discussed further in this Record of Proceedings.

8.  The FSM was honorably discharged from the USAR, as a second lieutenant, by reason of Expiration of his Term of Appointment on 1 April 1953.  The serial number listed on his orders ends with a “3.”

9.  On 16 December 1981, the NPRC issued a Certification of Military Service for the FSM, in response to a request for service dates for the purpose of Department of Veterans Affairs (DVA) benefits for the FSM’s surviving spouse.  The serial number listed on the certification ends with a “2.”

10.  The applicant also provided a copy of his 20 October 2005 letter from NPRC, wherein he was advised that it had been verified that the FSM was entitled to the following awards:  the Presidential Unit Citation; the Meritorious Unit Commendation; the European-African-Middle Eastern Campaign Medal; the World War II Victory Medal; the Army of Occupation Medal, with Germany Clasp; and the Honorable Service Lapel Button World War II.  The letter also advised that the awards would be shipped to him.

11.  The applicant further provided a copy of his 10 November 2005 letter from the NPRC, wherein he was advised that the records needed to answer his inquiry were not in their files.  The letter also advised that due to the fire, no records had been found to show the FSM was authorized the Combat Infantryman Badge.

12.  The applicant also provided a copy of his 13 July 2006 letter to the Army Review Boards Agency, Support Division, wherein he stated, in effect, that he had obtained orders for his father’s Combat Infantryman Badge.  He also requested, in effect, correction to his late father’s records to show receipt of the Combat Infantryman Badge and the Bronze Star Medal.  

13.  Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose 
achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947.  An award of the Combat Infantryman Badge or the Combat 
Medical Badge is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the FSM was awarded the Combat Infantryman Badge; therefore, he is also eligible for award of the Bronze Star Medal, based on award of the Combat Infantryman Badge for his service during World War II.  It would now be appropriate to correct the FSM’s WD AGO Form 53-98, dated 3 May 1946, to show award of the Combat Infantryman Badge and the Bronze Star Medal.

2.  The evidence of record shows that the FMS’s serial number is listed both ways, ending with a “3” and “2,” on documents contained in his available records. It appears that an administrative error occurred in the processing of those documents.  However, there is insufficient evidence to verify which really is the correct serial number.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

4.  The applicant is further advised that should he need a replacement award of the FSM, he may submit a request via a letter of completion of a Standard form (SF) 180 [which can be found on the internet] to NPRC, Attention: Army Reference Branch, 9700 Page Avenue, St. Louis, MO 63132-5100.  The NPRC will verify the awards to which a veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals. Requests must include a copy of the veteran’s separation or discharge paperwork and any other supporting documentation to substantiate the request.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the former service member concerned be corrected by:

	a.  showing the already-awarded Combat Infantryman Badge;

	b.  awarding him the Bronze Star Medal, based on award of the Combat Infantryman Badge; and

	c.  by providing the applicant a corrected separation document that show these awards.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of the FSM’s serial number.



      __________x____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080005999



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080005999


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1